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Religious liberty is central to the Australian way of life. It is enshrined in the Australian Constitution. But it is not the only freedom that matters. There is a rising tension between accommodating differing freedoms in 21st century Australia. The changing face...
The High Court in 2013 overturned the understanding of marriage in the Marriage Act 1961 as an exclusive, voluntary, heterosexual union for life, and that the Constitution therefore allowed the introduction of same sex marriage if the Parliament so decided. It is argued that the...
Investor-State Dispute Settlement (ISDS) is a legal provision in international agreements that enables foreign investors to take host states to an arbitral tribunal for alleged treaty breaches.
• The goal of investor-state arbitration is to provide a de-politicised, unbiased and...
Governments should play very little or no role in determining what people are allowed to say and hear, regardless of whether this may be ‘offensive’ to the traditional enemies of liberty—primarily religious fanatics—or to those of a weaker ‘moderate’ disposition who would passively give up...
New political expenditure disclosure rules, aimed at organisations that run no candidates in elections but may nevertheless influence public opinion, could have a 'chilling effect' on political expression.New political expenditure disclosure rules, aimed at organisations that run no candidates in elections but may nevertheless influence...
The right to religious freedom is not the only fundamental human right. It cannot therefore be absolute, but exists alongside other rights. How different rights and freedom coexist is one of the big questions facing our nation today.
Privacy and security are both areas of major importance to civil society, so we must ask when does national security surveillance go too far and erode our civil liberties?
Anti-discrimination law has existed in Australia for only fifty years, and yet in that comparatively short period it has become entrenched and almost unquestionable. An examination of its record, however, shows that it has not been an effective tool to achieve the goals for which...
This paper examines the history of how Australia’s vilification laws were formed, focusing on both domestic and international changes towards laws restricting speech. It also argues that any amendments to vilification laws should be done at the state and territory level, and should be based...